Representing the Central government, Solicitor General Tushar Mehta reiterated today that the West Bengal government’s original suit is not maintainable and is liable to be dismissed.
Mehta stood by the Centre’s stance that the CBI is an independent body and not one coming under the Central government.
Therefore, the Central government cannot be sued in the matter, Mehta asserted, while also pointing out that the CBI cannot be made the subject of an original suit under Article 131 of the Constitution.
“CBI is not under Centre and cannot be subject of an original suit. Instrumentality of State can also not be a defendant. Union does not register any (CBI) case,” Mehta said.
He further accused the West Bengal government of trying to litigate the same issue in two different cases before the Supreme Court. This aspect was concealed from the Court, Mehta argued.
“Second limb of my submissions is, how can you suppress important documents before the highest court of the country? This is grounds for dismissal of the suit at the threshold,” Mehta, who appeared with Advocate Kanu Agarwal today, contended.
Source: Barandbench
